No Kings? Know Your Rights: Immigration Law Guidance for Protest Participants and Bystanders
As immigration attorneys, we recognize that activism and civic engagement are fundamental components of American democracy. From peaceful marches to rallies demanding reform, non-citizens and citizens alike often feel compelled to participate in social movements, including those focused on immigration issues. However, for non-citizens—especially those on temporary status, with pending applications, or without legal status—the risks of protest participation can be significantly higher. Even bystanders observing a protest may face unintended legal consequences. With protests against immigration enforcement increasing in frequency and visibility, it is more important than ever to understand the intersection of protest activity and immigration law.
First, it is essential to clarify that everyone in the United States—regardless of immigration status—is protected under the First Amendment. This means you have the right to speak freely, to peacefully assemble, and to petition the government for redress of grievances. These rights apply whether you are a U.S. citizen, a green card holder, or undocumented. However, First Amendment protections are not absolute. You may exercise your rights in public spaces such as parks and sidewalks, but you must do so within the bounds of the law. Blocking traffic, entering private property without permission, or engaging in violence can result in arrest. For non-citizens, even minor violations can trigger significant immigration consequences, including removal proceedings, visa denials, or bars to relief.
Second, understanding the difference between protected protest and civil disobedience is critical. Civil disobedience—while often a powerful tool for change—involves intentionally breaking the law to make a political point. Examples include refusing to disperse after a police order, trespassing on government property, or chaining oneself to a fence or structure. While these actions may garner media attention and public sympathy, they can also lead to arrest and criminal charges. Non-citizens must be aware that an arrest, even without a conviction, can impact pending immigration applications, and a conviction for certain offenses could result in deportation or a denial of future benefits. For lawful permanent residents, certain convictions—particularly those involving moral turpitude or classified as aggravated felonies—can lead to detention and loss of green card status.
Third, if you are a non-citizen attending a protest, prepare in advance. Carry valid immigration documentation if you have it, but do not carry false documents. Have the name and phone number of an immigration attorney written down and memorized. Avoid carrying anything that might be construed as a weapon. If law enforcement stops or questions you, remain calm. You have the right to remain silent, and you should assert that right clearly. Say, “I choose to remain silent. I want to speak to a lawyer.” Do not provide false information or documents, and do not run. If you are arrested, do not sign anything without legal counsel present. If ICE becomes involved, you have the right to a bond hearing in most cases and the right to legal representation, though not at government expense.
Fourth, bystanders at protests—those who are simply watching or passing by—are not immune from risk. Law enforcement responses to protests can be unpredictable, and mass arrests sometimes sweep up individuals who were not actively participating. For non-citizens, this risk is magnified by the lack of legal status or unresolved immigration issues. It is advisable to maintain physical distance from large or volatile crowds, especially if you are not actively engaged in the protest. Avoid confrontations with police or counter-protesters. If you are recording or observing, do so from a place of safety, and understand that while filming police is legal, interfering with their duties is not.
Fifth, if you are arrested during a protest and you are a non-citizen, it is critical to inform your attorney immediately. Even if the charges seem minor or are dismissed, immigration enforcement may still take notice. In some jurisdictions, local police share arrest data with ICE. A non-citizen arrested at a protest could be placed in removal proceedings even if the underlying criminal case is resolved. For this reason, post-arrest legal counsel must not only address the criminal charges, but also the potential immigration fallout. Your criminal attorney should coordinate with an immigration attorney to ensure that any plea agreement or outcome does not inadvertently trigger deportation or loss of immigration benefits.
As attorneys working with immigrant communities, we understand the deep sense of injustice many of our clients feel, and the desire to speak out. But we urge caution, preparation, and legal awareness. The stakes are simply higher for immigrants. Before attending a protest, consider your current immigration status and the possible consequences of arrest or citation. If you are in the process of applying for adjustment of status, asylum, a U visa, or another benefit, even an arrest could delay or jeopardize your case. If you are undocumented and not yet in proceedings, a protest arrest could expose you to enforcement action. If you are a DACA recipient or on Temporary Protected Status (TPS), the loss of a clean record could disqualify you from renewal.
In addition to risk management, we encourage community education and mutual support. Attorneys and advocates can provide “Know Your Rights” trainings in advance of large protests. These sessions should include guidance on how to interact with police, what to do if detained, how to document abuses, and how to avoid unnecessary legal exposure. Having designated legal observers, rapid-response legal teams, and community bail funds can also help mitigate the risks. Families and friends should stay informed and be ready to act if a loved one is arrested or detained.
We also urge clients not to assume that participation in a protest—especially one involving potential civil disobedience—is without consequence. A growing number of jurisdictions now engage in data-sharing agreements with federal immigration authorities. Fingerprints taken during a local arrest may be transmitted to ICE, even if you are later released. Even if you are not arrested, surveillance tools such as facial recognition software and geolocation tracking can lead to future enforcement actions. Thus, the importance of anonymity, discretion, and preparation cannot be overstated.
Finally, this is not a message of discouragement but of empowerment through knowledge. Immigrants have always been at the forefront of American social movements, and their voices matter. But with courage must come care. By understanding your rights and limitations, planning ahead, and seeking legal guidance, you can raise your voice while protecting your future. If you or someone you know plans to participate in a protest, reach out to our office for a confidential consultation. We are here not only to advocate in court, but to stand beside you in moments of public courage and vulnerability alike.